Sports Law

WADA v IIHF and Busch

On 23 June 2009, the Court of Arbitration for Sport (CAS) delivered its final decision concerning the German ice hockey player's, Florian Busch, refusal to submit an out-of-competition sample to the National Anti-Doping Agency officer. The 24 year old changed his mind shortly after, but NADA refused as it would not constitute the character of an unannounced test. Four and a half hours later, the same NADA officer performed a doping test ordered by the German Ice Hockey Association (DEB), which proved negative. NADA demanded a two-year suspension but a DEB Missed Test Policy Committee together with an ad-hoc Court of Arbitration of the German Olympic Committee sentenced a public warning, a fine of €5,000 and 56 hours of community service work.

After the decision, Busch also played in the 2008 International Ice Hockey Federation (IIHF) World Championship in Canada.

The World Anti-Doping Agency (WADA) filed an appeal against the DEB Pane's deicion with the ad-hoc CAS and requested inter alia that the court set aside the DEB Panel's deicion and sanction Busch with a two year suspension. WADA also filed an appeal with the CAS against the IIHF decision dated 7 May 2008 by which Busch was declared eligible to compete at the 2008 IIHF World Championship.

The CAS Panel set aside the IIHF decision of 7 May 2008, finding that Busch had internationally refused to submit to sample collection pursuant to the IIHF statutes and disciplinary regulations which would justify a two year suspension. The CAS also stated that a reduction of the period of ineligibility is not possible according to the WADA Code as it only covers the issue of "failing to submit a sample collection" but not a "refusal". WADA's other appeal against the ad-hoc decision was declared inadmissible due to lack of jurisdiction of the CAS.